THE OATHS ACT, 1969 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and extent. 
2.  Saving of certain oaths and affirmations. 
3.  Power to administer oaths. 
4.  Oaths or affirmations to be made by witnesses, interpreter and jurors. 
5.  Affirmation by persons desiring to affirm. 
6.  Forms of oaths and affirmations. 
7.  Proceedings and evidence not invalidated by omission of oath or irregularity. 
8.  Persons giving evidence bound to state the truth. 
9.  Repeal and saving. 
THE SCHEDULE. 

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THE OATHS ACT, 1969 

ACT NO. 44 OF 1969 

[26th December, 1969.]  

An Act to consolidate and amend the law relating to judicial oaths and for certain other purposes.  

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— 

1. Short title and extent.—(1) This Act may be called the Oaths Act, 1969. 
(2) It extends to the whole of India 1***. 

2. Saving of certain oaths and affirmations.—Nothing in this Act shall apply to proceedings before 
courts martial or to oaths, affirmations or declarations prescribed by the Central Government with respect 
to members of the Armed Forces of the Union. 

3.  Power  to  administer  oaths.—(1)  The  following  courts  and  persons  shall  have  power  to 
administer,  by  themselves  or,  subject  to  the  provisions  of  sub-section(2)  of  section  6,  by  an  officer 
empowered  by  them  in  this  behalf,  oaths  and  affirmations  in  discharge  of  the  duties  imposed  or  in 
exercise of the powers conferred upon them by law, namely:— 

(a) all courts and persons having by law or consent of parties authority to receive evidence;  

(b)  the  commanding  officer  of  any  military,  naval,  or  air  force  station  or  ship  occupied  by  the 
Armed Forces of the Union, provided that the oath or affirmation is administered within the limits of 
the station.  

(2) Without prejudice to the powers conferred by sub-section (1) or by or under any other law for the 
time being in force, any court, Judge, Magistrate or person may administer oaths and affirmations for the 
purpose of affidavits, if empowered in this behalf— 

(a) by the High Court, in respect of affidavits for the purpose of judicial proceedings; or  

(b) by the State Government, in respect of other affidavits. 

4.  Oaths  or  affirmations  to  be  made  by  witnesses,  interpreter  and  jurors.—(1)  Oaths  or 

affirmations shall be made by the following persons, namely:— 

(a) all witnesses, that is to say, all persons who may lawfully be examined, or give, or be required 
to give, evidence by or before any court or person having by law or consent of parties authority to 
examine such persons or to receive evidence;  

(b) interpreters of questions put to, and evidence given by, witnesses; and  

(c) jurors:  

Provided that where the witness is a child under twelve years of age, and the court or person having 
authority to examine such witness is of opinion that, though the witness understands the duty of speaking 
the  truth,  he  does  not  understand  the  nature  of  an  oath  or  affirmation,  the  foregoing  provisions  of  this 
section and the provisions of section 5 shall not apply to such witness; but in any such case the absence of 
an  oath  or  affirmation  shall  not  render  inadmissible  any  evidence  given  by  such  witness  nor  affect  the 
obligation of the witness to state the truth.  

(2) Nothing in this section shall render it lawful to administer, in a criminal proceeding, an oath or 
affirmation  to  the  accused  person,  unless  he  is  examined  as  a  witness  for  the  defence,  or  necessary  to 
administer to the official interpreter of any court, after he has entered on the execution of the duties of his 
office, an oath or affirmation that he will faithfully discharge those duties. 

5.  Affirmation  by  persons  desiring  to  affirm.—A  witness,  interpreter  or  juror  may,  instead  of 

making an oath, make an affirmation. 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

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6. Forms of oaths and affirmations.—(1) All oaths and affirmations made under section 4 shall be 
administered  according  to  such  one  of  the  forms  given  in  the  Schedule  as  may  be  appropriate  to  the 
circumstances of the case:  

Provided  that  if  a  witness  in  any  judicial  proceeding  desires  to  give  evidence  on  oath  or  solemn 
affirmation in any form common amongst, or held binding by, persons of the class to which he belongs, 
and not repugnant to justice or decency, and not purporting to affect any third person, the court may, if it 
thinks fit, notwithstanding anything hereinbefore contained, allow him to give evidence on such oath or 
affirmation.  

(2) All such oaths and affirmations shall, in the case of all courts other than the Supreme Court and 
the High Courts, be administered by the presiding officer of the court himself, or, in the case of a Bench 
of Judges or Magistrates, by any one of the Judges or Magistrates, as the case may be. 

7. Proceedings and evidence not invalidated by omission of oath or irregularity.—No omission 
to  take  any  oath  or  make  any  affirmation,  no  substitution  of  any  one  for  any  other  of  them,  and  no 
irregularity  whatever  in  the  administration  of  any  oath  or  affirmation  or  in  the  form  in  which  it  is 
administered,  shall  invalidate  any  proceeding  or  render  inadmissible  any  evidence  whatever,  in  or  in 
respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a 
witness to state the truth. 

8. Persons giving evidence bound to state the truth.—Every person giving evidence on any subject 
before any court or person hereby authorised to administer oaths and affirmations shall be bound to state 
the truth on such subject. 

9. Repeal and saving.—(1) The Indian Oaths Act, 1873 (10 of 1873), is hereby repealed.  

(2) Where, in any proceeding pending at the commencement of this Act, the parties have agreed to be 
bound by any such oath or affirmation as is specified in section 8 of the said Act, then, notwithstanding 
the  repeal  of  the said  Act,  the  provisions  of sections  9  to  12  of the said  Act  shall  continue  to apply  in 
relation to such agreement as if this Act had not been passed. 

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THE SCHEDULE 
(See section 6) 

FORMS OF OATHS OR AFFIRMATIONS 

 that what I shall state shall be the truth, the whole truth and  

Form No. 1 (Witnesses):— 

swear in the name of God

I do  
solemnly affirm 

nothing but the truth. 

Form No. 2 (Jurors):— 

swear in the name of God

I do
solemnly affirm 

 that I will well and truly try and true deliverance make between the 

State and the prisoner (s) at the bar, whom I shall have in charge, and a true verdict give  according to 
the evidence. 

Form No. 3 (Interpreters):— 
swear in the name of God

I do 
solemnly affirm 

 that I will well and truly interpret and explain all questions put to 

and evidence given by witnesses and translate correctly and accurately all documents given to me for 
translation. 

Form No. 4 (Affidavits):— 

swear in the name of God

I do
solemnly affirm

 that this is my name and signature (or mark) and that the  

contents of this my affidavit are true. 

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